Jammu & Kashmir High Court Sets Aside "Unceremonious Disengagement" Of Special Police Officer For Non-Compliance Of Natural Justice Principles

The Jammu & Kashmir High Court has quashed the dismissal of a Special Police Officer (SPO) and reinstated him to his position, reiterating that adherence to the principles of natural justice is nothing but common sense justice.

“…You cannot condemn a person to suffer an adverse consequence in the context of his public position/employment without affording him/her an opportunity of knowing the basis upon which a purported adverse action is aimed to be taken against him/her thereby serve him/her with an opportunity to explain his/her position vis-à-vis the adverse civil consequence conceived to emerge”, Justice Rahul Bharti observed.

The case revolved around a video footage incident in July 2019, where an FIR was registered against the SPO and a Sub-Inspector for alleged corruption under the Jammu & Kashmir Prevention of Corruption Act. However, a subsequent police investigation found the charge against them to be not proved, leading to the closure of the case.

Despite the exoneration of both individuals, the SPO faced an "unceremonious disengagement" from his service by the Sr. Superintendent of Police (SSP), Jammu, while the Sub-Inspector suffered no such consequences. This action prompted the SPO to challenge his dismissal before the J&K High Court.

Adjudicating upon the matter Justice Bharti emphasized that making decisions based on video footage alone without proper investigation and without providing an opportunity for the accused to defend themselves is a violation of the principles of natural justice. The court further said that natural justice is akin to common sense justice, ingrained into the conscience of mankind, ensuring fair play and a liberal approach in the administration of justice.

Court observed,

"When it comes to a matter of an administrative action taking or decision making in discharging/dismissing a person from position of public employment, be that from a permanent, temporary or contractual status, to be based upon an adverse judgement drawn by the public authority as an employer against a given employee for any delinquency on his part, then most elementary procedural safeguard which an employer has to keep in guiding service attending his action/decision is the observance of the rules of natural justice so that a well meaning action/decision to be taken maintains and retains its foothold in the event of being posed with a legal challenge at the instance of an aggrieved employee."

The court stated that condemning a person without affording them the right to be heard and explain their position is against the very essence of natural justice. It stressed that any decision or action with legal consequences must be based on a fair and transparent process, allowing the accused to know the case against them and provide a suitable defense.

In view of the same the bench said that the impugned order disengaging the SPO was misconceived and in direct conflict with the principles of natural justice. The court accordingly set aside the dismissal order and restored the SPO to his position with all consequential benefits.

Case Title: Sanjay Sharma Vs UT ofJ&K

Citation: 2023 LiveLaw (JKL) 191

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